The Crown contended that inadvertent (Caldwell) recklessness would suffice for a charge under s.47. The court held that the stab wound was an operating cause of the victims death; it did not The defendants appealed to the House of Lords. Cite. Konzani relied on the defence of reasonable or genuine belief against s 20 of the Act. Nevertheless, a husband was not entitled to use force or violence for the purposes of exercising his right to intercourse; to do so would amount to an assault. On the other hand, it is said that treatment was the operating cause of death. Whether the trial judges direction to the jury that the defendant could be guilty of murder if he knew it was highly probable that serious bodily harm would occur as a result of his act was a misdirection. Free resources to assist you with your legal studies! On this basis, the appeal was dismissed and the conviction of the appellant upheld. from his actions, the jury may convict of murder, but does not have to do so. The judge directed the jury that statements to the police could only be used against the maker He also argued that his confession had been obtained under duress and The jury was not required to evaluate the competing causes of death and therefore the judge was right to direct them as he did in the first instance. The statute states 'whosoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence'. intent to cause harm or was reckless as to the possibility of causing foreseeable harm. The appellant killed his ex-girlfriend. our website you agree to our privacy policy and terms. Regina v Matthews; Regina v Alleyne: CACD 7 Feb 2003 This judgment was not considered to be sound and the passing of the Criminal Justice Act 1967 reversed the decision. 623; 43 Cr. The trial judge directed the jury that if they were satisfied the defendant "must have realised and appreciated when he threw that child that there was a substantial risk that he would cause serious injury to it, then it would be open to you to find that he intended to cause injury to the child and you should convict him of murder." Alleyne, Matthewsand Dawkins were convicted of robbery, kidnapping and murder. accuracy of the trial judges direction on the requirements of Woollin non-purpose intention underneath a large plastic wheelie bin.

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